Ebensburg

Pennsylvania

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CHAPTER 1 – ADMINISTRATION AND GOVERNMENT

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Chapter 1: Administration and Government (Ordinances)

This document outlines the administrative rules for the Borough of Ebensburg Police Pension Plan and related municipal procedures.

Police Pension Fund Administration

  • Operation: The Borough Council is authorized to supervise the investment of the Pension Fund, which is intended for the exclusive benefit of employees. The Employer (Borough) is not liable for any insufficiency in the fund; benefits are paid only from available monies.
  • Employer Powers: The Employer has broad powers to manage the fund, including retaining cash, investing in securities, selling property, consenting to corporate reorganizations, exercising voting rights, and placing money in deposit banks.
  • Trustee: The Employer may appoint a trustee, custodian, or investment manager. If appointed, the trustee is entitled to reasonable compensation agreed upon by the Employer.
  • Accounting: If a trustee is appointed, the fund must be evaluated annually with a written accounting rendered.
  • Value Determination: The Employer or its appointed trustee determines the value of fund assets and liabilities. Their decisions are final and binding, though they may rely on opinions from brokers, appraisers, and experts.

Funding and Contributions

  • Actuarial Valuations: An approved Actuary must perform a valuation at least every two years, with the first report due for the Plan Year beginning in an odd-numbered calendar year starting in 1985.
  • Allowable Expenses: Administrative expenses payable from the fund include investment costs, accounting fees, insurance premiums, counsel fees, and legitimate travel/education for officials.
  • Chief Administrative Officer (CAO): The CAO determines the financial requirements and the "Minimum Municipal Obligation" based on the latest actuarial report and submits this to the Council annually.
  • Contributions:
    • Participants: Must contribute 5% of their compensation via payroll deduction. This can be reduced or eliminated if an actuarial study shows the fund's condition allows it.
    • Employer: Must pay into the fund the amount necessary to satisfy the Minimum Municipal Obligation.
    • State Aid: General Municipal Pension System State Aid can be deposited into the fund to reduce the Employer's obligation.
    • Gifts: The Board can accept gifts for the benefit of the Plan.

Retirement Benefits

  • Normal Retirement: Available after attaining Normal Retirement Age (55 years old with 25 years of service). The benefit is 50% of the Final Monthly Average Salary, plus a Service Increment.
  • Service Increment: For participants with 26+ years of service, a monthly increment of $20. 00 per year of service over 25 years is added, up to a maximum of $100. 00.
  • Late Retirement: Participants can continue working past Normal Retirement Age. Benefits are calculated based on salary and service at the actual retirement date.
  • Cost-of-Living Adjustments (COLA): Participants hired before January 1, 2012, are eligible for COLAs. Increases are tied to the Consumer Price Index (CPI), capped at 3% per year, and cannot exceed 75% of the participant's Final Monthly Average Salary or 30% of their retirement benefit.
  • Disability Retirement: Available for participants who incur a Total and Permanent Disability before Normal Retirement Age. The benefit is 50% of the wages/salary at the time of disablement, offset by any Social Security benefits received for the same injury.
  • Death Benefits:
    • Survivor Benefit: If a participant dies after commencing retirement benefits, the surviving spouse or children (under 18, or up to age 23 if in college) receive a benefit equal to 50% of the participant's accrued or actual benefit.
    • Death Prior to Retirement: If a participant dies before retirement without eligibility for a survivor benefit, the beneficiary receives a distribution equal to the participant's Accumulated Contributions.

Termination of Employment

  • Rights: Terminated employees have rights limited to specific subsections of the plan.
  • Accumulated Contributions: A participant whose employment terminates for reasons other than death or disability before Normal Retirement Age is entitled to receive their Accumulated Contributions.
  • Deferred Retirement Benefit: A participant with at least 12 years of service who terminates employment (for reasons other than death or disability) before Normal Retirement Age may elect a deferred retirement benefit. This benefit is equal to the participant's Accrued Benefit as of the termination date and commences at their Normal Retirement Date.

Miscellaneous Provisions

  • Employment Rights: Participation in the plan does not guarantee employment or interfere with the Employer's right to discharge employees.
  • Assignment: Pension benefits are not subject to assignment, attachment, or execution.
  • Non-duplication: If a retired participant resumes employment, benefit payments are suspended until employment ceases. Upon resumption, they receive the greater of the suspended benefit or a new benefit based on their Final Monthly Average Salary and Aggregate Service at that time.
  • Limitation of Liability: The Employer, Plan Administrator, and fiduciaries are not liable for providing benefits beyond what is available in the Pension Fund.
  • Personal Right: The right to receive benefits is a personal right of the participant and expires upon death.

Open Records Policy

  • Purpose: To comply with Act 3 of 2008 (Pennsylvania Right-to-Know Law) and provide access to public records of Ebensburg Borough.
  • Designated Officer: The Borough Manager is the Open Records Officer. They may designate other employees to process requests.
  • Request Process: Requests must be in writing and include the requestor's name, address, phone number, certification of residency, and signature. If duplication is requested, appropriate payment must be included.
  • Response Time: The Borough must respond within five business days of receiving a written request. Failure to respond results in the request being deemed denied.
  • Response Types: The response can be approval for access, review by the designated employee, or denial of access.
  • Fees: Fees for duplication are established by the Commonwealth's Office of Open Records. The Borough may waive fees at its discretion. If the estimated cost exceeds $100, the designated employee must obtain the expected cost in advance.
  • Review Process: If a request is denied, the requestor has 15 business days to file an appeal with the Commonwealth's Office of Open Records. The Borough may also file a petition for review in the Court of Common Pleas for Cambria County within 30 days of the final determination.

Collection of Delinquent Accounts

  • Definitions:
    • Borough: The Borough of Ebensburg, Cambria County, Pennsylvania.
    • Borough Solicitor: The person or law firm appointed by the Borough Council to serve as legal counsel.
    • Delinquent Account: Any sum due and owing to the Borough that has not been paid within the required time, including charges for trash collection, sewer service, water service, electric service, removal of nuisances, taxes, and municipal improvements.
    • Hourly Rate: The hourly fee charged by the Borough Solicitor, consistent with ordinary and customary charges in the community.
  • Attorney Fees: The Borough Council authorizes the recovery of attorney fees incurred in collecting delinquent accounts. These fees are included in municipal claims.
  • Schedule of Attorney Fees: The following minimum times (in hours) are established for various legal services:
    • Obtain and review tax account information for property: 0. 4 hours
    • Obtain and review deed for property: 0. 2 hours
    • Prepare municipal lien: 0. 5 hours
    • Prepare civil action cover sheet: 0. 1 hours
    • File municipal lien: 0. 4 hours
    • Forward copy of municipal lien to Borough: 0. 2 hours
    • Prepare civil action complaint before Magisterial District Judge for collection of account: 0. 7 hours
    • Prepare for and attend hearing before Magisterial District Judge concerning civil action to collect delinquent account: 2. 5 hours
    • Prepare and file satisfaction of municipal lien: 0. 2 hours
  • Recovery of Additional Attorney Fees: If additional or more time-consuming services are required, the Borough intends to recover all attorney fees so incurred.
  • Recovery of Costs: Filing fees, postage charges, and other direct expenditures incurred in collecting delinquent accounts are chargeable to the account.
  • Interest on Filed Liens: Liens filed with the Court of Common Pleas bear interest at a rate determined from time to time by Resolution of the Council.
  • Penalty on Unpaid Claims: A penalty of 5% of the total amount of the claim is imposed on any unpaid claim that remains unpaid for more than 90 days after the amount is first assessed.
  • Applicability: These provisions apply to all collection efforts following the adoption of the ordinance and to all previously filed liens that have not been settled or discharged within 90 days of the adoption of this resolution.
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